IN THE MATTER OF EDDIE M. ROBINSON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: TP 09-02606
Slip Opinion No: 2010 NY Slip Op 69832(U)
Decided on April 20, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


April 20, 2010

DOCKET NO. TP 09-02606

IN THE MATTER OF EDDIE M. ROBINSON, PETITIONER,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES AND JOHN LEMPKE, SUPERINTENDENT, FIVE

POINTS CORRECTIONAL FACILITY, RESPONDENTS.


Petitioner having moved for an order modifying the question to be reviewed by this Court, and for other relief, in the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on May 19, 2009,

Now, upon reading and filing the affidavit of Eddie M. Robinson sworn to March 1, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 20, 2010

Patricia L. Morgan, Clerk